ABSTRACT
This chapter explores the six propositions of Order-versus-Justice in relation to the justiciability of economic, social, and cultural rights. After a brief introduction to the proclamation of ESCR in the international legal system of human rights, the chapter examines the propositions with the assistance of international treaties and the work of independent human rights mechanisms. Subsequently, the chapter critically interprets the attitude of the UK and Spain since the mid-1990s by looking at the ratification of relevant treaties, their position in the drafting processes of the 2000 EU Charter of Fundamental Rights and the 2008 Optional Protocol to the ICESCR, their responses to independent human rights mechanisms at the UN, and judicial enforceability of ESCR at the internal level.
